H*2807 Session 107 (1987-1988)
H*2807(Rat #0547, Act #0490 of 1988) General Bill, By
House Medical, Military, Public and Municipal Affairs
Similar(S 508)
A Bill to amend Sections 44-29-60 through 44-29-110, 44-29-130 through
44-29-140, and 44-29-190 through 44-29-210, Code of Laws of South Carolina,
1976, relating to venereal diseases, so as to change the reference to
syphilis, gonorrhea, chancroid, and venereal diseases to sexually transmitted
diseases; provide for reporting of treatment and testing of persons infected
with a sexually transmitted disease; revise the duties of State, district,
county, and municipal health officers in protecting the public health through
examination, identification, and isolation; provide for treatment and
isolation of prisoners who have a sexually transmitted disease; provide
requirements for release after isolation; provide for regulations concerning
sexually transmitted diseases instead of venereal diseases; provide for the
confidentiality of records relating to sexually transmitted diseases; increase
the penalties for violations of the Sections; provide for prohibiting or
limiting the attendance of an employee or student by a school; and provide for
the approval of an authorized employee of a medical or health agency; to amend
the 1976 Code by adding Sections 16-3-740 and 16-15-255 so as to provide
testing for Human Immunodeficiency Virus (HIV) infection and Acquired
Immunodeficiency Syndrome (AIDS) when a person has been convicted for a
certain crime which results in exposure to the victim; Section 44-29-115 so as
to provide requirements for isolation; Section 44-29-145 so as to make it
unlawful for anyone infected with AIDS to knowingly expose another person to
AIDS and Section 44-29-146 so as to provide for a physician or state agency
not to be liable upon notification of contact with a person having AIDS or HIV
infection, Section 44-29-230 so as to provide for the circumstances under
which a health care professional may require a patient to be tested for AIDS;
and to add violations of Section 44-29-145 to the list of crimes classified as
felonies by Section 16-1-10.-amended title
04/07/87 House Introduced, read first time, placed on calendar
without reference HJ-1627
04/08/87 House Debate adjourned HJ-1691
04/09/87 House Amended HJ-1753
04/09/87 House Objection by Rep. J. Rogers, Townsend & Day HJ-1754
04/09/87 House Objection withdrawn by Rep. J. Rogers, Townsend &
Day HJ-1758
04/09/87 House Debate adjourned HJ-1762
04/09/87 House Amended HJ-1782
04/09/87 House Read second time HJ-1782
04/09/87 House Reconsider second reading HJ-1785
04/09/87 House Debate adjourned until Tuesday, April 14, 1987 HJ-178
04/16/87 House Debate adjourned HJ-1982
04/21/87 House Amended HJ-2046
04/21/87 House Read second time HJ-2047
04/22/87 House Read third time and sent to Senate HJ-2068
04/23/87 Senate Introduced and read first time SJ-1472
04/23/87 Senate Referred to Committee on Medical Affairs SJ-1473
02/02/88 Senate Committee report: Favorable with amendment
Medical Affairs SJ-11
02/04/88 Senate Amended SJ-17
02/04/88 Senate Read second time SJ-26
02/04/88 Senate Ordered to third reading with notice of
amendments SJ-26
03/24/88 Senate Amended SJ-34
03/24/88 Senate Read third time SJ-35
03/24/88 Senate Returned SJ-35
04/13/88 House Concurred in Senate amendment and enrolled HJ-2728
04/26/88 Ratified R 547
05/02/88 Signed By Governor
05/02/88 Effective date 05/02/88
05/02/88 Act No. 490
05/23/88 Copies available
(A490, R547, H2807)
AN ACT TO AMEND SECTIONS 44-29-60 THROUGH 44-29-110, 44-29-130 THROUGH
44-29-140, AND 44-29-190 THROUGH 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VENEREAL DISEASES, SO AS TO CHANGE THE REFERENCE TO SYPHILIS,
GONORRHEA, CHANCROID, AND VENEREAL DISEASES TO SEXUALLY TRANSMITTED DISEASES;
PROVIDE FOR REPORTING OF TREATMENT AND TESTING OF PERSONS INFECTED WITH A
SEXUALLY TRANSMITTED DISEASE; REVISE THE DUTIES OF STATE, DISTRICT, COUNTY, AND
MUNICIPAL HEALTH OFFICERS IN PROTECTING THE PUBLIC HEALTH THROUGH EXAMINATION,
IDENTIFICATION, AND ISOLATION; PROVIDE FOR TREATMENT AND ISOLATION OF PRISONERS
WHO HAVE A SEXUALLY TRANSMITTED DISEASE; PROVIDE REQUIREMENTS FOR RELEASE AFTER
ISOLATION; PROVIDE FOR REGULATIONS CONCERNING SEXUALLY TRANSMITTED DISEASES
INSTEAD OF VENEREAL DISEASES; PROVIDE FOR THE CONFIDENTIALITY OF RECORDS RELATING
TO SEXUALLY TRANSMITTED DISEASES; INCREASE THE PENALTIES FOR VIOLATIONS OF THE
SECTIONS; PROVIDE FOR PROHIBITING OR LIMITING THE ATTENDANCE OF AN EMPLOYEE OR
STUDENT BY A SCHOOL; AND PROVIDE FOR THE APPROVAL OF AN AUTHORIZED EMPLOYEE OF
A MEDICAL OR HEALTH AGENCY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-740
AND 16-15-255 SO AS TO PROVIDE TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV)
INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) WHEN A PERSON HAS BEEN
CONVICTED FOR A CERTAIN CRIME WHICH RESULTS IN EXPOSURE TO THE VICTIM, SECTION
44-29-115 SO AS TO PROVIDE REQUIREMENTS FOR ISOLATION, SECTION 44-29-145 SO AS
TO MAKE IT UNLAWFUL FOR ANYONE INFECTED WITH AIDS TO KNOWINGLY EXPOSE ANOTHER
PERSON TO AIDS, SECTION 44-29-146 SO AS TO PROVIDE FOR A PHYSICIAN OR STATE
AGENCY NOT TO BE LIABLE UPON NOTIFICATION OF CONTACT WITH A PERSON HAVING AIDS
OR HIV INFECTION, AND SECTION 44-29-230 SO AS TO PROVIDE FOR THE CIRCUMSTANCES
UNDER WHICH A HEALTH CARE PROFESSIONAL MAY REQUIRE A PATIENT TO BE TESTED FOR
AIDS; AND TO ADD VIOLATIONS OF SECTION 44-29-145 TO THE LIST OF CRIMES CLASSIFIED
AS FELONIES BY SECTION 16-1-10.
Be it enacted by the General Assembly of the State of South Carolina:
Penalty for exposure
SECTION 1. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-145. It is unlawful for anyone infected with Human
Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency
Syndrome (AIDS), to knowingly expose another person, through the sale, donation,
or exchange of blood products or body fluids, to HIV infection without first
informing the other person of the risk of exposure to HIV infection. Any person
who violates this section is guilty of a felony and, upon conviction, may be
fined not more than five thousand dollars or imprisoned for not more than ten
years.
Section 44-29-146. A physician or state agency identifying and notifying a
spouse or known contact of a person having Human Immunodeficiency Virus (HIV)
infection or Acquired Immunodeficiency Syndrome (AIDS) is not liable for damages
resulting from the disclosure.
'Contact' means the exchange of body products or body fluids by sexual acts or
percutaneous transmission."
Testing
SECTION 2. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-230. While working with a patient or a patient's blood or
body fluids, if a health care worker is involved in an incident resulting in
possible exposure to Human Immunodeficiency Virus (HIV), and a health care
professional has probable cause to believe that the incident may have caused
infection, the professional may require the patient to be tested. The test
results must be given to the professional who shall report the results to the
worker and patient."
Sexually transmitted diseases
SECTION 3. Section 44-29-60 of the 1976 Code is amended to read:
"Section 44-29-60. Sexually transmitted diseases which are included in
the annual Department of Health and Environmental Control List of Reportable
Diseases are declared to be contagious, infectious, communicable, and dangerous
to the public health. Sexually transmitted diseases include all venereal
diseases. It is unlawful for anyone infected with these diseases to knowingly
expose another to infection."
Physician reporting
SECTION 4. Section 44-29-70 of the 1976 Code is amended to read:
"Section 44-29-70. Any physician or other person who makes a diagnosis
of or treats a case of a sexually transmitted disease and any superintendent or
manager of a hospital, dispensary, health care related facility, or charitable
or penal institution in which there is a case of a sexually transmitted disease
shall report it to the health authorities according to the form and manner as the
Department of Health and Environmental Control directs."
Laboratory reporting
SECTION 5. Section 44-29-80 of the 1976 Code is amended to read:
"Section 44-29-80. Any laboratory performing a positive laboratory test
for a sexually transmitted disease shall make a report of the case or positive
laboratory test for a sexually transmitted disease to the Department of Health
and Environmental Control in the form and manner as the department directs and
shall cooperate with the Department of Health and Environmental Control and local
boards of health in preventing the spread of sexually transmitted diseases."
Duties of health officers
SECTION 6. Section 44-29-90 of the 1976 Code is amended to read:
"Section 44-29-90. State, district, county, and municipal health
officers, in their respective jurisdictions, when in their judgment it is
necessary to protect the public health, shall make examination of persons
infected or suspected of being infected with a sexually transmitted disease,
require persons infected with a sexually transmitted disease to report for
treatment appropriate for their particular disease provided at public expense,
and request the identification of persons with whom they have had sexual contact
or intravenous drug use contact, or both. The health officer may isolate persons
infected or reasonably suspected of being infected with a sexually transmitted
disease. To the extent resources are available to the Department of Health and
Environmental Control for this purpose, when a person is identified as being
infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired
Immunodeficiency Syndrome (AIDS), his known sexual contacts or intravenous drug
use contacts, or both, must be notified but the identity of the person infected
must not be revealed. Efforts to notify these contacts may be limited to the
extent of information provided by the person infected with HIV. Public monies
appropriated for treatment of persons infected with a sexually transmitted
disease must be expended in accordance with priorities established by the
department, taking into account the cost effectiveness, curative capacity of the
treatment, and the public health benefit to the population of the State."
Treatment and isolation of prisoners
SECTION 7. Section 44-29-100 of the 1976 Code is amended to read:
"Section 44-29-100. Any person who is confined or imprisoned in any
state, county, or city prison of this State may be examined and treated for a
sexually transmitted disease by the health authorities or their deputies. The
state, county, and municipal boards of health may take over a portion of any
state, county, or city prison for use as a board of health hospital. Persons who
are confined or imprisoned and who are suffering with a sexually transmitted
disease at the time of expiration of their terms of imprisonment must be isolated
and treated at public expense as provided in Section 44-29-90 until, in the
judgment of the local health officer, the prisoner may be medically discharged.
In lieu of isolation, the person, in the discretion of the board of health, may
be required to report for treatment to a licensed physician or submit for
treatment provided at public expense by the Department of Health and
Environmental Control as provided in Section 44-29-90."
Release of affected prisoners
SECTION 8. Section 44-29-110 of the 1976 Code is amended to read:
"Section 44-29-110. No person suffering from any of the sexually
transmitted diseases described in Section 44-29-60 may be discharged from
confinement unless he is pronounced cured of the disease by a state, county, or
municipal health officer or, if no cure is available, upon the recommendation of
the Department of Health and Environmental Control. If any person is released
before a complete cure of the sexually transmitted disease of which he is
suffering, the department shall direct the individual as to whom to report for
further treatment, and failure to report at the stated intervals as directed, in
each instance, constitutes a violation of the provisions of Sections 44-29-60 to
44-29-140 and subjects him, upon conviction, to the penalty set forth in Section
44-29-140."
Regulations
SECTION 9. Section 44-29-130 of the 1976 Code is amended to read:
"Section 44-29-130. The Department of Health and Environmental Control
shall promulgate regulations necessary to carry out the purposes of Sections
44-29-60 to 44-29-140, other than Section 44-29-120, including regulations
providing for labor on the part of isolated persons considered necessary to
provide in whole or in part for their subsistence and to safeguard their general
health and regulations concerning sexually transmitted diseases as it considers
advisable. All regulations so made are binding upon all county and municipal
health officers and other persons affected by Sections 44-29-60 to
44-29-140."
Confidentiality of records
SECTION 10. Section 44-29-135 of the 1976 Code is amended to read:
"Section 44-29-135. All information and records held by the Department
of Health and Environmental Control and its agents relating to a known or
suspected case of a sexually transmitted disease are strictly confidential except
as provided in this section. The information must not be released or made
public, upon subpoena or otherwise, except under the following circumstances:
(a) release is made of medical or epidemiological information for statistical
purposes in a manner that no individual person can be identified; or
(b) release is made of medical or epidemiological information with the consent
of all persons identified in the information released;
(c) release is made of medical or epidemiological information to the extent
necessary to enforce the provisions of this chapter and related regulations
concerning the control and treatment of a sexually transmitted disease;
(d) release is made of medical or epidemiological information to medical
personnel to the extent necessary to protect the health or life of any person;
or
(e) in cases involving a minor, the name of the minor and medical information
concerning the minor must be reported to appropriate agents if a report is
required by the Child Protection Act of 1977. No further information is required
to be released by the department. If a minor has Acquired Immunodeficiency
Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus
that causes AIDS, and is attending the public schools, the superintendent of the
school district and the nurse or other health professional assigned to the school
the minor attends must be notified."
Penalties
SECTION 11. Section 44-29-140 of the 1976 Code is amended to read:
"Section 44-29-140. Any person who violates any of the provisions of
Sections 44-29-60 to 44-29-140, other than Section 44-29-120, or any regulation
made by the Department of Health and Environmental Control pursuant to the
authority granted by law, or fails or refuses to obey any lawful order issued by
any state, county, or municipal health officer, pursuant to Sections
44-29-60 to 44-29-140, or any other law or the regulations prescribed by law, is
guilty of a misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or be imprisoned for not more than thirty days."
Penalties
SECTION 12. Section 44-29-190 of the 1976 Code is amended to read:
"Section 44-29-190. Any person who violates the provisions of Section
44-29-180 is guilty of a misdemeanor and, upon conviction, may be fined not more
than two hundred dollars or imprisoned for not more than thirty days."
School attendance
SECTION 13. Section 44-29-200 of the 1976 Code is amended to read:
"Section 44-29-200. Any board of education, school trustees, or other
body having control of a school, on account of the prevalence of any contagious
or infectious diseases or to prevent the spread of disease, may prohibit or limit
the attendance of any employee or student at any school or school-related
activities under its control. The decision to prohibit or limit attendance must
be based on sound medical evidence and must comply with the official procedures
adopted by the board for this purpose. Before lifting a prohibition or
restriction on attendance, the board may require a satisfactory certificate from
one or more licensed physicians that attendance is no longer a risk to others
attending school.
Any board acting in good faith and in compliance with the provisions of this
section is not liable for damages which may result from its decision. Nothing
in this section relieves a board from its responsibilities to provide a student
with educational programs and services appropriate to his needs as required by
Section 59-20-30."
Medical or health agency employee
SECTION 14. Section 44-29-210 of the 1976 Code is amended to read:
"Section 44-29-210. (a) Whenever the Board of Health and Environmental
Control or the Commissioner of the Department of Health and Environmental Control
approves in writing a mass immunization project to be administered in any part
of this State in cooperation with an official or volunteer medical or health
agency, any authorized employee of the agency, any physician who does not receive
compensation for his services in the project, and any registered nurse who
participates in the project, except as provided in subsection (b), is not liable
to any person for illness, reaction, or adverse effect arising from or out of the
use of any drug or vaccine administered in the project by the employee,
physician, or nurse. Neither the board nor the commissioner may approve the
project unless either finds that the project conforms to good medical and public
health practice.
For purposes of this section, a person is considered to be an authorized
employee of an official or volunteer medical or health agency if he has received
the necessary training for and approval of the Director of the Bureau of
Preventive Health Services of the department for participation in the project.
(b) Nothing in this section exempts any physician, registered nurse, or
authorized public health employee participating in any mass immunization project
from liability for gross negligence nor do the provisions of this section exempt
any drug manufacturer from any liability for any drug or vaccine used in the
project."
Isolation
SECTION 15. Chapter 29 of Title 44 of the 1976 Code is amended by adding:
"Section 44-29-115. If the Department of Health
and Environmental Control believes that a person must be isolated pursuant to
Section 44-29-90, 44-29-100, or 44-29-110, it shall file a petition with the
probate court of the county where the person is located or where the person
resides. The complaint must state the specific harm thought probable and the
factual basis for this belief. If the court, after due notice and hearing, is
satisfied that the petition is well-founded, it may order that the person must
be isolated.
Any person isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110 has
the right to appeal to any court having jurisdiction for review of the evidence
under which he was isolated.
A court may not order isolation for more than ninety days. If the department
determines that the grounds for isolation no longer exist, it shall file a notice
of intent to discharge with the court before the person isolated is released.
The person for whom isolation is sought must be represented by counsel at all
proceedings and, if he cannot afford to hire an attorney, the court shall appoint
an attorney to represent him. The attorney for the person isolated must have
access to any documents regarding the isolation."
List of felonies
SECTION 16. The crime in Section 44-29-145 of the 1976 Code, as contained in
Section 1 of this act, relating to unlawfully and knowingly exposing another
person to the Human Immunodeficiency Virus (HIV) without first informing the
other person of the risk, is added to the list of crimes classified as felonies
in Section 16-1-10.
Criminal and victim testing
SECTION 17. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by
adding:
"Section 16-3-740. Within fifteen days of the conviction of any person
for a crime involving sexual battery as defined in Section 16-3-651 or sexual
conduct as defined in Section 16-3-800, if the conduct results in the exposure
of the victim to blood or vaginal or seminal fluids of the convicted offender,
the solicitor shall require that the convicted offender be tested for Human
Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency
Syndrome (AIDS). The test must be administered by the local public health
authority or the medical professional at the prison where the convicted offender
is imprisoned. The results of the test must be reported to the South Carolina
Department of Health and Environmental Control and to the solicitor who ordered
the test. The solicitor shall notify the victim and the convicted sexual
offender of the test results. The convicted offender shall pay for the test
unless he is indigent, in which case the cost of the test must be paid by the
State."
Testing and reporting
SECTION 18. Article 1, Chapter 15, Title 16 of the 1976 Code is amended by
adding:
"Section 16-15-255. Upon the conviction of any person for a violation of
Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results
in the exposure of the victim to blood or vaginal or seminal fluids of the
convicted offender, the convicted offender must be tested for Human
Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency
Syndrome (AIDS). The test must be administered by the local public health
authority or the medical professional at the prison if the convicted offender is
imprisoned. The results of the test must be reported to the South Carolina
Department of Health and Environmental Control, to the convicted offender, and
to any person who may have been exposed as a direct result of the act leading to
the conviction. The convicted offender shall pay for the test unless he is
indigent, in which case the cost of the test must be paid by the State."
Time effective
SECTION 19. This act takes effect upon approval by the Governor. |